Public oversight is built into the H-1B program. Under 20 CFR 655.760, you can request an employer’s H-1B Public Access File (PAF) and review key wage and notice records tied to the Labor Condition Application (LCA).
Employers must make the PAF available within one business day. That quick turnaround is the point: it supports wage transparency and makes enforcement possible when problems appear.
1) Legal basis and scope of the H-1B Public Access File (PAF)
Start with what the PAF is. The H-1B Public Access File (PAF) is a set of records an H-1B employer must keep for public inspection.
It documents core promises the employer made on the LCA (Form ETA 9035/9035E) about wages, working conditions, and notice.
20 CFR 655.760 sets two simple rules:
- Public inspection is a universal right. The regulation allows inspection by any person or group, whether or not they are “aggrieved” by the employer’s conduct. You do not need to be the H-1B worker.
- Access must be fast. The employer must make the PAF available within one business day of your request.
Location also matters. The PAF must be kept either at:
- the employer’s principal place of business, or
- the H-1B worker’s actual place of employment.
Keep the scope straight. The PAF is not the full H-1B petition package. It is separate from the employer’s Form I-129 file and other internal or confidential records.
The PAF focuses on public-facing, LCA-related compliance.
2) Official statements and regulatory context
Government messaging around H-1B has repeatedly linked program integrity to documentation and enforceable wage promises. That matters because public inspection only works if employers treat the PAF as a real compliance record, not a formality.
Three recent timestamps help frame the current posture:
- July 18, 2025: USCIS messaging tied H-1B cap operations to ongoing employer compliance expectations, including maintaining accurate public files for audit readiness.
- December 23, 2025: DHS announced a final rule described as aimed at preventing exploitation. Matthew Tragesser, USCIS Spokesman, said:
“The existing random selection process of H-1B registrations was exploited and abused by U.S. employers who were primarily seeking to import foreign workers at lower wages than they would pay American workers. with these regulatory changes and others in the future, we will continue to update the H-1B program to help American businesses without allowing the abuse that was harming American workers.”
- January 20, 2026: DHS public communications emphasized stricter oversight themes, including “restoring the rule of law” and “protecting the American taxpayer.”
Taken together, these statements are a reminder: recordkeeping and transparency are treated as enforcement tools. Expect tighter scrutiny when files are missing, late, or inconsistent.
3) What must be in the H-1B Public Access File (PAF)
Ask for the PAF and you should see specific items that connect directly to the LCA commitments. Each item answers a basic compliance question: “Did the employer do what it promised on the LCA?”
Watch for common failure points. Missing posting proof is frequent. So is a wage explanation that is too vague to show how pay was set.
| PAF Element | What it Demonstrates | Regulatory Reference |
|---|---|---|
| Certified LCA (Form ETA 9035/9035E) | The employer’s formal wage and condition attestations for the H-1B position | 20 CFR 655.760 |
| Documentation of the actual pay rate | What the H-1B worker is paid in fact, not just what was listed as intended | 20 CFR 655.760 |
| Explanation of the actual wage system | How the employer set pay for similarly employed workers and placed the H-1B worker within that system | 20 CFR 655.760 |
| Explanation/support for the prevailing wage | What wage standard was used for the LCA and how it was chosen | 20 CFR 655.760 |
| Summary of benefits offered | Whether benefits offered to H-1B workers align with those offered to U.S. workers in the same classification | 20 CFR 655.760 |
| Proof of LCA notice/posting | Evidence the employer gave required notice for 10 consecutive business days | 20 CFR 655.760 |
A few practical notes help you read what you get:
- Certified LCA: You are looking for the certified version, not a draft. It anchors everything else in the file.
- Actual wage vs. prevailing wage: The PAF should let you see both concepts clearly. Actual wage is tied to the employer’s internal pay system. Prevailing wage is the external benchmark used on the LCA.
- Benefits summary: Expect a summary, not every plan document. The point is comparability for workers in the same occupational classification.
- Posting proof: “Proof” can be a posting log, a dated notice, or screenshots. The key is that it supports the full 10 consecutive business days requirement.
4) Step-by-step inspection process (regulatory standards)
Use a clean, documented approach. Keep your request narrow and tied to 20 CFR 655.760.
Step 1: Identify the sponsoring employer and the correct location
Confirm the employer’s name and the worksite tied to the H-1B role. Then target the PAF location that controls access: the employer’s principal place of business or the worker’s actual place of employment.
If the worker moved worksites, ask where the employer maintains the PAF for that LCA. Do not assume it is at headquarters.
Step 2: Submit your request (in-person, email, or mail)
Make a short request for the “H-1B Public Access File (PAF)” and cite 20 CFR 655.760. You can ask for the file for a specific LCA number if you have it.
If you do not have an LCA number, request the PAF for the H-1B position at a specific location. Avoid over-arguing: a simple citation and clear scope usually works better than a long demand letter.
Step 3: Apply the timing rule and stay within scope
Once the employer receives your request, the PAF must be available within one business day. Limit what you ask to PAF materials.
Inspectors can reasonably request the required contents listed in Section 3. Items outside the PAF—like personal personnel records or the full I-129 petition materials—are typically outside the public inspection scope.
Step 4: If access is denied or delayed, document and escalate
Write down what happened right away. Record the following details:
- Date and time you requested the PAF
- How you requested it (in-person, email, or mail)
- Who responded, and their title
- What was refused (no PAF, partial PAF, delay past one business day)
Next, consider contacting the DOL WHD. The Wage and Hour Division (WHD) is the arm of the DOL that investigates many H-1B LCA compliance issues.
A denial or unreasonable delay can be a compliance concern on its own.
If you are an H-1B proponent or researcher, know your right to request the PAF and how to pursue access within one business day; escalate to WHD if access is denied or delayed.
5) Context, significance, and enforcement implications
PAF access is not busywork. The file is a public check on the wage and working-condition promises made through the LCA process. It also creates a paper trail for investigations.
Use the PAF to do a basic credibility check:
- Does the actual pay documentation match what you would expect given the role and location?
- Does the prevailing wage explanation appear consistent with the job and area listed on the LCA?
- Does the file explain the actual wage system in a way that shows the H-1B worker was placed into an existing pay structure?
Problems with the PAF can trigger enforcement consequences. Outcomes in many cases may include civil money penalties, back wage orders, and, for serious or repeated violations, debarment from the H-1B program.
Missing or late PAF constitutes a compliance issue with potential civil penalties or back wage orders; ensure posting and documentation proofs are available.
A final point matters for both employers and requesters. A job can be real, and the employer can still be out of compliance if the PAF is missing, incomplete, or produced late.
6) Official government sources and where to find them
USCIS announcements often appear first in the USCIS Newsroom.
For H-1B compliance complaints and enforcement information, start with the DOL WHD H-1B page: https://www.dol.gov/agencies/whd/immigration/h1b
This article discusses federal wage and labor compliance under 20 CFR 655.760. Readers should consult official sources for current regulations and seek legal advice for individual circumstances.
Request the H-1B Public Access File (PAF) in writing, cite 20 CFR 655.760, and document whether you receive access within one business day.
